Truly Agreed, 2015

643.650. 1. Any owner of a coal-fired electric generating
source in a National Ambient Air Quality Standards nonattainment
area currently designated as of April 1, 2015, shall develop
an ambient air quality monitoring or modeling network to characterize
the sulfur dioxide air quality surrounding the electric generating
source. The network shall adequately monitor the ambient air
quality for sulfur dioxide surrounding the entire electric generating
source and shall operate for not less than twelve consecutive
quarters. The owner of such electric generating source shall
notify the department of the manner in which it intends to characterize
by either modeling or monitoring the air quality around such
source. The location of any monitoring network installed by the
owner of such electric generating source within a one-hour sulfur
dioxide National Ambient Air Quality Standards nonattainment
area shall be approved by the department.2.
Affected sources located in undesignated areas that elect to
use monitoring to evaluate ambient air quality shall be consulted
by the department on the use of existing monitors as well as
the location of any new monitors intended to comprise the sulfur
dioxide monitoring network. The department shall not submit its
recommendation to the Environmental Protection Agency on the
manner in which data will be gathered for the designation process
that is inconsistent with the elections made by affected sources
under this section. Where affected sources have elected to monitor
under this section, the department shall submit recommendations
for the designation process by the date set by a final, effective,
and applicable Environmental Protection Agency requirement relating
to state attainment designations and not prior.3.
The department shall consider all ambient air quality monitoring
network data collected under subsection 1 of this section and
under any agreement authorized under this subsection prior to
proposing to the commission any sulfur dioxide limitation, emission
reduction requirement, or other requirement for purposes of the
one-hour sulfur dioxide National Ambient Air Quality Standard
for any electric generating source that has elected to install
a monitoring network under this section, except:(1)
The department may propose to the commission any sulfur dioxide
limitations or emission reduction requirements specifically agreed
to in any voluntary agreement entered into between the department
and any owner of an electric generating source that has elected
to install a monitoring network under this section; and(2) The department may propose to the commission any adjustments
to the sulfur dioxide limitations or emission reduction requirements
applicable to any electric generating source located in a sulfur
dioxide nonattainment area and subject to an agreement under
subdivision (1) of this subsection, as justified by an ambient
air quality analysis relying on no fewer than two quarters of
monitored data collected through the monitoring network allowable
under subsection 1 of this section and consistent with such agreement.4.
Nothing in this section shall prohibit the department from entering
into an agreement with an owner of an electric generating source
to limit or reduce sulfur dioxide emissions at such affected
source that is below the source's permitted sulfur dioxide emission
rate.